Employment-Based Immigration

An American President once said that “the business of America is business”, and this historic focus on the economy is reflected in our country’s immigration laws.

For decades, employment-based immigration has been one of the fundamental principles of our nation’s immigration policy. Since 1990, the employment-based categories have been divided into five “preferences”, or classifications, each of which has its separate criteria, definitions and procedures. In summary, the employment-based preferences are:

Skilled or professional workers (EB-3)

Foreign nationals who are skilled workers (employed in jobs requiring minimum of two years training and experience);

Foreign nationals who are unskilled workers.

Special Immigrants (EB-4)

Foreign nationals who qualify as religious workers;

Foreign nationals who are employees and former employees of the U.S. Government abroad.

Immigrant Investors (EB-5)

Foreign entrepreneurs, “job-creation immigrants”, investing $1.0 million in a new or existing U.S. enterprise which will create at least 10 U.S. jobs (or a lesser amount in economically-disadvantaged areas).

Most employment-based immigration is employer-sponsored immigration. This means that, with the exception of foreign nationals of “extraordinary ability” and persons who qualify for the “national interest waiver”, all persons in the EB-1, EB-2 and EB-3 categories must have a sponsoring employer. In addition, most employment-based Petitions in the EB-2 and EB-3 categories require a “Labor Certification.”

A Labor Certification is a determination by the U.S. Department of Labor (“DOL”) that there is a lack of qualified U.S. workers for a given position and that the hiring of a foreign worker will not harm U.S. workers. In order to obtain a Labor Certification, an employer must recruit for the position and must consider the qualifications of interested U.S. workers. The recruitment must be thoroughly documented and any rejection of U.S. workers must only be for lawful, job-related reasons.

The Law Office of Matthew I. Hirsch has extensive experience in all areas of employment-based immigration. If you, your employer or employee would like to know more about employment-based immigration, please e-mail or call the Law Office of Matthew I. Hirsch to schedule an appointment.

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Testimonials

I couldn’t recommend Matt Hirsch high enough for his work on my immigration matters all these years. Matt was first recommended to me by a friend in 2009 to help me with transfer from F1 (OPT) to H1B. Ever since Matt has been by my side through various visa transfers and status changes. Always thorough, always working in my best interest, always up to date with requirements and possibilities, he has kept me legal and employable in the US for 4 years (and that’s not an easy job if you knew me I would also like to commend Matt on the work he has done for my friends. Thanks to his knowledge and ability to navigate immigration and business matters, 2 of my friends have received their H1Bs and 1 friend got her green card! Forever grateful Matt!Maria N., October 42013

I know Matthew for the past 8 years. Matthew has helped me with many immigration requirements including several H1B applications and a green card application. Matthew understands the immigration process and can handle complicated immigration cases with confidence.Ranjan D., May 202013

I first came to know Matthew 2 years back. I was moving to USA on a job assignment and he and his efficient team helped me with my visa process. Thereafter he has been helping me and my family with different visa and immigration related matters and we can not imagine having gone through this ordeal without his valuable inputs and meticulous work. Thanks to him that I am a legal permanent resident of USA in less than 2 years since he started working on my work permit. Do I need to say anything more?Pinky P., May 172013

Matthew Hirsch widely known as Matt was introduced to me by past employer. Matt helped me in getting my work and depended visas renewed on time. Matt helped us in getting Permanent Resident Cards. Matt is very personable, very through and detailed oriented. Matt is consistent in delivering timely and quality work. I highly recommend Matt for any immigration matters.Balakrishna D.

Matt and his team offer a level of service that is credible, prompt and flawless. He supported my permanent residence application over several months and was always supportive and responsive. Great job!Riyaz V.

“Matthew Hirsch has been our immigration lawyer and he did an excellent job along with his team. My family and I are very happy with the results and we can recommend him to anybody with immigration problems. His advice was always accurate, always on time and always polite. Thank you!”Zikri B.December 2012

“Matt has worked on several Visa petitions for myself and my wife in the O-1 category and most recently on our successful permanent residency petition. Matt is extremely meticulous and helped us every step of the way. I would recommend anyone looking for an immigration lawyer in any category and certainly any foreign athlete looking to stay here in the US to give Matt a call.”Max S./Marina M.March 2013

“My husband is an interventional cardiologist who self sponsored his GC through the EB1 category. He had approached Matthew Hirsch in the year 2011 for help. I have known Matthew for less than a year now. Matthew and his associates have demonstrated excellent interpersonal skills and can develop trusting relationships with everyone they work with. Matthew had detailed knowledge of the subject and had good analytical skills. He had been available and quite patiently listened to our concerns or queries. He built confidence in us and got speedy results for us. He had guided us well through the entire course and we have been quite impressed with him. His entire staff has been very co-operative and friendly. I would definitely recommend Matthew Hirsch to all my friends and family.”Anisha B./Surya A.March 2013

“I have worked with Matthew throughout my entire journey of becoming an American citizen. From my student visa, through H1-B, permanent residency and finally Citizenship. Throughout my career I have worked both independently and for major US corporation. Matthew helped me, my employees, partners and colleagues and was also retained by my former employers after my departure in more than one occasion.
I have found Matthew to be very reliable, expert and trustworthy in delivering his services. I did and I will keep recommending his services to anybody who seeks to establish legal status in the US.”Massimo T. October 292012

“I have been working with Mr. Hirsch for several years, and he has proved to be very professional, knowledgable and personable. I would highly recommend him to friends and families.”Basem S. October 242012